The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-01-13

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never allow the system thus formulated to be
branch of the penitentiary management. BY thus
reducing felony offenses you will Very sensibly de
crease the present army of convicts, and NY EN-.
will make them self-eupporting and healthy, and
at the same time develop u system of public high
ways which will soon be valuable acquisition to
the state.
GREER COUNTY.
Under the act of the legislature passed May 3,
1852, appointed Messrs. j. Il Breckenridge, W
5. Herndon q. X. Freeman and W. H. Burgess az
commissioners to meet like commission sp-
pointed by the president of theS United states to
Ioca'e and marx the boundary between the Indian
Territory and the state of Texas. The commission
on the part OF the U: s, was composed of Major
s. NJ. Mansfield, Major W. r. Livernore Lieut.
Thomas l.. Casey and Lieutenant Lansing ii.
Beach.
The order detailing that commission on the part
of the federal government was not satisfactory 10
me, and ON the 18th IF December, 1885, addressed
the secretary of war the following noe:
EXECUTIVE OFFICE,
STATE OF Texas
AUSTIN, December IA, 1885,
Hon. VIM: c: Endicott, Secretary of WGr, Wash
ington d. C:
SIR have the honor to acknowledge the receipt
of your favor of the 18th inst in winch you inform
me that the president Is of opinion that the order
detailing the commissioners in the Greer county
boundary question is sufficiently comprehensive.
cannot agree with this conclusion or your state
ment that the ascertainment of the true Red river
and there marking the point where the one hun
dredth meridian crosses it, is the whole duty de-
Yolving uuon the commission. Certainly you are
as far as yon go but the scope OF the treaty
between the United States and Spain of 1919, and
the acts of congress and the Legislature of Texas
devolyrs another duty vital correct understand
lug OF the treaty. 1t was well known, doubt, to
both contracting parties that Melish5 map was
not correct. lie knew there was a Red river of
louisiana and that it had a source, but where the
source was, or the tributaries or branches if any,
were wholly unknown to him and to the contract
ing parties. This is the conclusion drawn from
the language of the treaty.
If the tw parties had intended that the boundary
should be at the point where the true one hun
dredth meridian crossed the river, it would have
been surulusage and quite unnecessary TO have
added after discussing the boundary, the words,
YAH according to Melish's map as improved up to
1878" According to all Hell known rules of con-
struCtiOn this last clause was Intended to govern
and control what had preceded. The ascertain
meat OF the point where the true one hundredth
meridian crossed Red river was an easy task, one
that well known rules of mathematics and astrOn-
omy cond and 10 ascertaining. 1t was capable of
demonstration and incapable of furnishing any
grounds of misunderstanding between the two
governments. The agents of both parties could
ascertain it. The true meridian was stable, and 80
was the stream referred to. But, being conscious
of the errors of MRlishs mau, and that it would
not stand the test of demonstration but having it
before them, they undoubtedly intended that the
BOUNDARY should be at the point where Mesh
showed the one hundredth meridian on Red river.
The concluding language of the treaty, as shown
above, it seems to me, carries the conclusion be-
yond dou, that they intended the boundary to be
where Meiish placed the one hundredth meridian.
Any other construction would convict the govern
ments and their ENJOYS of using language con-
trary to well known rules Of construction and of
adding meaningless clause 10 the treaty What
possible use could the clause be unless intended to
govern? 1t may be, therefore, that Melsh's map
may show that the one hundredth meridian crosses
Red river east of Greer county | only insist that
the language of the treaty be followed in laying
down rules and giving instructions to the commits,
sioners 1t cannot be true that either or both par
ties can md or ascertain what the treaty means
unless they take the whole language used. 1t is
supposed that the business of the commission is
to find the division line between Spain and Mex
leo on the one side, and the United States the
other, and this cannot be done correctly if the
commi sion is restricted to the use of part of the
language of tie treaty. l only insist that the Ian
guage of the treaty be used in giving instructions
to the commissioners.
Be pleased to lay this communication before the
presideA, after reading it. respectfully ask his
personal consideration of the letter
l am, very respectfully,
Your obedient servant
JOHN IRELAND,
Governor of Texas.
l was of the opinion then, and am now that the
order making the detail entirely too restrictive
in its character The habits and education of army
officers incnlcate strict obedience to orders, and
permit of little or no lat tude for discretion.
believed then, and still believe, that Texas had
two points on which She could rightfully claim
Greer county: First, that 1t was undoubtedly the
intention of the contracting parties, as shown from
the treaty and preliminary correspondence between
Mr.. Adams and Count De Onis, that the line be-
tween Spaia and the United States should be at the
point where Meiish marked the one handredth mo-
rldian west from Greenwich. No one disputes the
fact that Nelish places that meridian east o. the
fork, and this, of course, would give Greer county
to Texas III the true one huhdredth meridian had
been intended it would have been quite
unnecessary and meaningless to conclude the de-
scrlnlon OF The line with the words all according
to Mesh's map "a improved to 1915"
In The second place hold that the North Fork
Is the true Red river The orders therefore, to the
federal commissioners TO 90 and mark the point
where the 10th meridian crosses Rcd river virtu.
ally forbade them TO consider our first pOsiti at
ALL AS consequence the Joint commission re-
suited in disagreement-the Ten as commission
ers being unanimous for Texas and federal repre-
sentalves for the United states. The practical
good, however, resulting TO Texas in the work of
the commission is the collection, in legal form.
of evidence ard proofs favoring the OWNERSHIP of
Greer county by IeXas.
Under the treaty between the United States and
Texas IN lS3S, it is agreed that each government
shall own. possess and enjoy its territory here
tofore claimed and possessed, and over which it
has exercised jurisdiction, until a boundary is
agreed upon between the two governments. The
proof being overwhelming, with nothing to the
contrary, that Texas has from time almost i'm.
memorial exercised ownership over the ter ritOry,
she ia, under the treaty just spoken of, entitled to
Greer county so long as an agreement to the con-
trary ls not rearhed While on this surject it may
be proper to state that Greer county organized
as one OF the municipalities of Texas on the tenth
day OF July, 1856.
transmit herewith copy of the joint labors of
the commission from which it will be seen that
the federal commission introduced no proof to sup
port I've claims excl pit maps of Its own making.
For the public service rendered the state by the
gentlemen composing the Texas commission the
people ought to feel deeply grateful.
THE MILITIA.
1t is not creditable to Texas that she is almost
the only state in the union that has done nothing
for its militia. In the last four years the ex-
ecutiye has had occasion several times to call out
the volunteer forces, and it sOrds grea, pleas
ure to state that upon every occasion the volunteer
companies composed entirely OF young men, have
responded willingly and promptly 10 every call
although having no conmssaTiat, quarermaster,
or other depart ments for their comfort or sus-
tsnance, and great credit is due them therefor
Thare is no fin material In the world from
which tn organic splendid volunteer army than
the military spirit Texas now furnishes and /
recommend that liberal appropriation be made
for perfecting the organization of our volunteers,
and providing for the wants of the men, both when
they are in actual service and while undergoing
the necessary training.